AILING FOURTH AMENDMENT - A SUGGESTED CURE

• NCJ Number: 40480
• Journal: American Bar Association Journal Volume: 63 Dated: (MARCH 1977) Pages: 364-371
• Author(s): J G MILES
• Date Published: 1977
• Length: 8 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF US SUPREME COURT SEARCH AND SEIZURE OPINIONS HANDED DOWN DURING THE 1975-1976 TERM AND SUGGESTION OF A WAY TO PREVENT FURTHER EROSION OF FOURTH AMENDMENT PROTECTIONS.

Abstract

THE DECISIONS GRANTED LAW ENFORCEMENT OFFICER GREATER LATITUDE IN CONDUCTING SEARCHES AND SEIZURES OF EVIDENCE. THE AUTHOR RECOMMENDS THAT THE SUPREME COURT ABANDON THE DOCTRINE ADOPTED IN MAPP V OHIO (1961), THAT THE EXCLUSIONARY RULE APPLIES TO STATE PROSECUTIONS, AND ALLOW THE STATES MORE LEEWAY IN INTERPRETING THEIR OWN CONSTITUTIONS....EB